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1:04-cv-01304-JBM-JAG # 15 Page 1 of 3 E-FILED Friday, 11 February, 2005 12:14:20 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION KAY F. MANN, Plaintiff, NATIONAL ASSET MANAGEMENT ENTERPRISES, INC.; LAW OFFICES OF GERALD E. MOORE & ASSOCIATES, P.C., Defendants.
04 C 1304
Judge McDade Magistrate Gorman Plaintiff’s First Motion to Compel NOW COMES plaintiff, who respectfully requests that this Court enter an order compelling defendants to respond to Plaintiff’s First Discovery Requests pursuant to Fed.R.Civ.P. 37 (a)(2)-(3), and for other relief as the Court deems proper. Fed.R.Civ.P.37 (a)(4)(A).
In support of this motion, plaintiff states:
1.
This Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. class concerns the legality of a debt collector requesting that a debtor pay a fee for use of a “check by phone” system.
2.
This precise cause of action was held to state a claim by Judge Lefkow in the Northern District of Illinois. Judge Lefkow’s opinion is Exhibit D to the attached memorandum. Defendant Gerald E. Moore is common to both lawsuits, but the classes do not overlap.
3.
Plaintiff’s counsel, Alexander Burke and defense counsel David Hartsell
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had several conversations about this discovery pursuant to Local Rule 37.3, but have come to an impasse, even though there are numerous requests to which defendants do not object, but have not offered sufficient responses.
4.
Plaintiff’s non-judicial remedies with respect to this discovery have been
exhausted, and he therefore moves to compel.
WHEREFORE, respectfully requests that this Court enter an order compelling defendants to respond to Plaintiff’s First Discovery Requests pursuant to Fed.R.Civ.P. 37 (a)(2)(3), and for other relief as the Court deems proper. Fed.R.Civ.P.37 (a)(4)(A).
Respectfully submitted,
s/ Alexander H. Burke Alexander H. Burke Daniel A. Edelman Cathleen M. Combs James O. Latturner Alexander H. Burke EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 120 S. LaSalle Street, 18th Floor Chicago, Illinois 60603
(312) 739-4200
(312) 419-0379 (FAX)
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CERTIFICATE OF SERVICE
I, Alexander H. Burke, hereby certify that on February 11, 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: David L. Hartsell, dhartsell@mcguirewoods.com; Paul C. Ziebert, pziebert@mcguirewoods.com.
s/ Alexander H. Burke Alexander H. Burke Attorney for Plaintiff (6281095) EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 120 S. LaSalle Street, 18th Floor Chicago, IL 60603
(312) 739-4200
(312) 917-0379 (FAX) Aburke@edcombs.com
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